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A complaint is filed with the Delaware Real Estate Commission alleging that a licensed salesperson, Marcus, accepted a commission directly from a buyer without his broker's knowledge. Which of the following actions is the DREC empowered to take against Marcus if the allegation is proven?

Correct Answer

A) Issue a civil fine, suspend or revoke Marcus's license, or impose a reprimand

Under 24 Del. C. Chapter 29, the DREC has broad disciplinary authority including the power to issue reprimands, impose civil fines, suspend a license for a defined period, or revoke a license entirely. Accepting a commission from anyone other than the employing broker is a violation of Delaware license law, giving DREC grounds to exercise these disciplinary powers.

Answer Options
A
Issue a civil fine, suspend or revoke Marcus's license, or impose a reprimand
B
Require Marcus to retake only the national portion of the licensing examination
C
Order Marcus to pay restitution to the buyer through the state court system only
D
Refer the matter exclusively to the Delaware Attorney General for criminal prosecution

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Related Topics & Key Terms

Key Terms:

drecdisciplinary_authoritylicense_violationcommission_powers

Related Concepts

Advertising regulations govern how real estate licensees may market properties and services, requiring truthful, non-deceptive advertising that includes proper identification of the brokerage.

Antitrust violations in real estate occur when competing brokerages or agents engage in practices that restrain trade, reduce competition, or harm consumers through collusion. These violations are governed by the Sherman Antitrust Act and can result in severe penalties.

Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.

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